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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55473
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother in law passed away on11/17/2012 her name is*****

Customer Question

My mother in law passed away on11/17/2012 her name is***** Covert. The executor will not settle the estate nor send the beneficiaries an audit of money, property or communicate with us in a reasonable manner. I sent her (Jean Covert Davidson ) a registered letter 8 months ago asking for the estate to be completed. I received NO answer. I wish to file paperwork on this problem I have no understanding except mineral rites were sold and I am told around 10 acres. there was 53 acres when Inez died now I am seeing 39. What can be done?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good morning Danny. My name is ***** ***** I look forward to helping you. It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 1 year ago.
You absolutely have rights here. The estate and its assets are not her personal piggy bank simply because she's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. Since she, as the executor, has failed to produce the inventory, periodic accounting, and to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have her removed as the executor for breach of fiduciary duty and ask the court to order an audit of the estate. And, if an accounting, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, since your letter has gone unanswered, I would file the petition with the court seeking her removal and the audit of the estate. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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